Edward Wafula Wafubwa v Moses Nyongesa Muresia & 2 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUNGOMA ENVIRONMENT & LAND CASE NO.6 OF 2014 EDWARD WAFULA WAFUBWA………………………..…………PLAINTIFF VERSUS MOSES NYONGESA MURESIA………………....…….1ST DEFENDANT GEORGE MURESIA………………………………...……2ND DEFENDANT LAND REGISTRAR BUNGOMA………………………………………3RD DEFENDANT RULING The applicant brings this notice of motion praying that the suit filed on 9 th January 2014 be dismissed for want of prosecution. The applicant argues that it is over one year since the suit was filed and no step has been taken to have the suit fixed for hearing. That the plaintiff has clearly demonstrated lack of interest in this suit. The respondent in his reply in Court through his Counsel Mr. Wamalwa, pleaded to be given time to serve the 2nd defendant herein. Mr. Wamalwa said that they have looked for the second defendant and have not found him. In reply Mr. Onyando learned Counsel for the applicant argued that the pleadings have closed. That no cause has been shown as to why there is no service. That there has been no application for extention of summons. That the said summons have expired after the expiry of one year since they were issued. He argued the Court to dismiss the case. I have carefully considered the application by the defendant applicant. I have also considered the reply by the respondent plaintiff. There is no doubt that since the plaint was filed, there has been no service to the 2nd defendant at all. This fact has been admitted by the Plaintiff. Order 5(6) of the Civil Procedure Rules provides “Every summons, except where the Court is to effect service, shall be collected for service within 30 days of issue or notification, whichever is later, failing which the suit shall abate” 2.(1) The validity of the summons in this case has expired. There has been no application to extend the same

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